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HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 3981%. J- a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3981 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW A VETERINARY HOSPITAL ON PROPERTY GENERALLY LOCATED IN THE PLAZA DE LA COSTA SHOPPING CENTER AT THE SOUTHEAST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL. CASE NAME: LA COSTA ANIMAL HOSPITAL CASE NO.: CUP 254x2 WHEREAS, Dr. Edward Mowry, doing business as La Costa A1 Hospital on behalf of Plaza de la Costa Associates, LTD. has filed a verified applicatior the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Condition2 Permit Extension as shown on Exhibit “A”, dated June 11, 1984, on file in the Cx Planning Department and as provided by the conditions of approval of CUP 254x1 and C1 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pla Commission did, on the 4th day of September, 1996, and the 18th day of September, hold a duly noticed public hearing to consider said application on property described as: Parcel D of Parcel Map 10283 WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all fz relating to CUP 254x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 9 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Comm APPROVES a 5 year extension of Conditional Use Permit, CUP 254x1 254x2), based on the following findings and subject to the following conditic Findings: 1. That the requested use is necessary or desirable for the development of the commur essentially in harmony with the various elements and objectives of the General Pla is not detrimental to existing uses specifically permitted in the zone in whic proposed use is located, in that: 1) veterinary hospitals are conditionally pern uses in the C-1 zone; and 2) the existing veterinary hospital is a non-disru commercial service use which has operated in the Plaza de la Costa comml center for 12 years. 2. That the site for the intended use is adequate in size and shape to accommodate the L that the use is conducted entirely within the commercial space provided wi impacting adjacent uses; 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess; adjust the requested use to existing or permitted future uses in the neighborhood w provided and maintained, in that sound insulation in adjoining walls has provided; 4. That the street system serving the proposed use includes El Camino Real and La 4 Avenue, both arterial roadways, which currently operate at acceptable level? are adequate to properly handle all traffic generated by the proposed use. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit extel for the continued operation of an animal hospital, entitled “CUP 254x2”, (Exhibit “I file in the Planning Department and incorporated by this reference, dated June 11,l subject to the conditions herein set forth. Staff is authorized and directed to ma require the Developer to make all corrections and modifications to the Conditiona Permit Documents, as necessary to make them internally consistent and confor Planning Commission’s final action on the project. Development shall I substantially as shown on the approved exhibits. Any proposed develop substantially different from this approval, shall require an amendment to this approv: 2. This Conditional Use Pennit is granted for a period of five years from August 24, through August 24, 2000. This Conditional Use Permit shall be reviewed b! Planning Director on a yearly basis to determine if all conditions of this permit have met and that the use does not have a substantial negative effect on surrounding propc or the public health and welfare. If the Planning Director determines that the USI such substantial negative effects, the Planning Director shall recommend thz Planning Commission, after providing the permittee the opportunity to be heard, may be revoked at any time after a public hearing, if it is found that the use I I additional conditions to reduce or eliminate the substantial negative effects. This pl ~ PC RES0 N0.3981 -2- % 6 a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantial detrimental effect on surrounding land uses and the public’s healt‘ welfare, or the conditions imposed herein have not been met. This permit m extended for a reasonable period of time not to exceed five years upon written appli of the permittee made no less than 90 days prior to the expiration date. The Pls, Commission may not grant such extension, unless it finds that there are no subs1 negative effects on surrounding land uses or the public’s health and welfare. substantial negative effect on surrounding land uses or the public’s health and well found, the extension shall be denied or granted with conditions which will elimin substantially reduce such effects. There is no limit to the number of extensior Planning Commission may grant. 3. All conditions of approval imposed upon CUP 254x1 as stated in Plak Commission Resolution No. 3058 shall apply as conditions of approval for 254x2 except as amended by Condition No. 2 of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 18th day of September, 199 the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nit Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: \ !mom MICHAEL J. HOLZFXLLER Planning Director PC RES0 N0.3981 -3 -